CONSTITUTION ACT 1867 I. PRELIMINARY 1. Short title 2. Repealed II. UNION 3. Declaration of Union 4. Construction of subsequent Provisions of Act 5. Four Provinces 6. Provinces of Ontario and Quebec 7. Provinces of Nova Scotia and New Brunswick 8. Decennial Census III. EXECUTIVE POWER 9. Declaration of Executive Power in the Queen 10. Application of Provisions referring to Governor General 11. Constitution of Privy Council for Canada 12. All Powers under Acts to be exercised by Governor General with Advice of Privy Council, or alone 13. Application of Provisions referring to Governor General in Council 14. Power to Her Majesty to authorize Governor General to appoint Deputies 15. Command of Armed Forces to continue to be vested in the Queen 16. Seat of Government of Canada IV. LEGISLATIVE POWER 17. Constitution of Parliament of Canada 18. Privileges, etc., of Houses 19. First Session of the Parliament of Canada 20. Repealed Part 1. THE SENATE 21. Number of Senators 22. Representation of Provinces in Senate 23. Qualifications of Senator 24. Summons of Senator 25. Repealed 26. Addition of Senators in certain cases 27. Reduction of Senate to normal Number 28. Maximum Number of Senators 1. Tenure of Place in Senate 2. Retirement upon attaining age of seventy-five years 30. Resignation of Place in Senate 31. Disqualification of Senators 32. Summons on Vacancy in Senate 33. Questions as to Qualifications and Vacancies in Senate 34. Appointment of Speaker of Senate 35. Quorum of Senate 36. Voting in Senate Part 2. THE HOUSE OF COMMONS 37. Constitution of House of Commons in Canada 38. Summoning of House of Commons 39. Senators not to sit in House of Commons 40. Electoral districts of the four Provinces 41. Continuance of existing Election Laws until Parliament of Canada otherwise provides 42. Repealed 43. Repealed 44. As to Election of Speaker of House of Commons 45. As to filling up Vacancy in Office of Speaker 46. Speaker to preside 47. Provision in case of Absence of Speaker 48. Quorum of House of Commons 49. Voting in House of Commons 50. Duration of House of Commons 1. Readjustment of representation in Commons 1.1. Population estimates 2. Yukon Territory, Northwest Territories and Nunavut 51A. Constitution of House of Commons 52. Increase of Number of House of Commons Part 3. MONEY VOTES; ROYAL ASSENT 53. Appropriation and Tax Bills 54. Recommendation of Money Votes 55. Royal Assent to Bills, etc 56. Disallowance by Order in Council of Act assented to by Governor General 57. Signification of Queen’s Pleasure on Bill reserved V. PROVINCIAL CONSTITUTIONS Part 1. EXECUTIVE POWER 58. Appointment of Lieutenant Governors of Provinces 59. Tenure of Office of Lieutenant Governor 60. Salaries of Lieutenant Governors 61. Oaths, etc., of Lieutenant Governor 62. Application of Provisions referring to Lieutenant Governor 63. Appointment of Executive Officers for Ontario and Quebec 64. Executive Government of Nova Scotia and New Brunswick 65. Powers to be exercised by Lieutenant Governor of Ontario or Quebec with Advice, or alone 66. Application of Provisions referring to Lieutenant Governor in Council 67. Administration in Absence, etc., of Lieutenant Governor 68. Seats of Provincial Governments Part 2. LEGISLATIVE POWER A. Ontario 69. Legislature for Ontario 70. Electoral districts B. Quebec 71. Legislature for Quebec 72. Constitution of Legislative Council 73. Qualification of Legislative Councillors 74. Resignation, Disqualification, etc 75. Vacancies 76. Questions as to Vacancies, etc 77. Speaker of Legislative Council 78. Quorum of Legislative Council 79. Voting in Legislative Council 80. Constitution of Legislative Assembly of Quebec C. Ontario and Quebec 81. Repealed 82. Summoning of Legislative Assemblies 83. Restriction on election of Holders of offices 84. Continuance of existing Election Laws 85. Duration of Legislative Assemblies 86. Yearly Session of Legislature 87. Speaker, Quorum, etc D. Nova Scotia and New Brunswick 88. Constitutions of Legislatures of Nova Scotia and New Brunswick E. Ontario, Quebec, and Nova Scotia 89. Repealed F. The Four Provinces 90. Application to Legislatures of Provisions respecting Money Votes, etc VI. DISTRIBUTION OF LEGISLATIVE POWERS Part 1. POWERS OF THE PARLIAMENT 91. Legislative Authority of Parliament of Canada Part 2. EXCLUSIVE POWERS OF PROVINCIAL LEGISLATURES 92. Subjects of exclusive Provincial Legislation Part 3. NON-RENEWABLE NATURAL RESOURCES, FORESTRY RESOURCES AND ELECTRICAL ENERGY 1. Laws respecting non-renewable natural resources, forestry resources and electrical energy 2. Export from provinces of resources 3. Authority of Parliament 4. Taxation of resources 5. Primary production 6. Existing powers or rights Part 4. EDUCATION 93. Legislation respecting Education 93A. Quebec Part 5. UNIFORMITY OF LAWS IN ONTARIO, NOVA SCOTIA, AND NEW BRUNSWICK 94. Legislation for Uniformity of Laws in Three Provinces Part 6. OLD AGE PENSIONS 94A. Legislation respecting old age pensions and supplementary benefits Part 7. AGRICULTURE AND IMMIGRATION 95. Concurrent Powers of Legislation respecting Agriculture, etc VII. JUDICATURE 96. Appointment of Judges 97. Selection of Judges in Ontario, etc 98. Selection of Judges in Quebec 1. Tenure of office of Judges 2. Termination at age 75 100. Salaries, etc., of Judges 101. General Court of Appeal, etc VIII. REVENUES; DEBTS; ASSETS; TAXATION 102. Creation of Consolidated Revenue Fund 103. Expenses of Collection, etc 104. Interest of Provincial Public Debts 105. Salary of Governor General 106. Appropriation from Time to Time 107. Transfer of Stocks, etc 108. Transfer of Property in Schedule 109. Property in Lands, Mines, etc 110. Assets connected with Provincial Debts 111. Canada to be liable for Provincial Debts 112. Debts of Ontario and Quebec 113. Assets of Ontario and Quebec 114. Debt of Nova Scotia 115. Debt of New Brunswick 116. Payment of interest to Nova Scotia and New Brunswick 117. Provincial Public Property 118. Repealed 119. Further Grant to New Brunswick 120. Form of Payments 121. Canadian Manufactures, etc 122. Continuance of Customs and Excise Laws 123. Exportation and Importation as between Two Provinces 124. Lumber Dues in New Brunswick 125. Exemption of Public Lands, etc 126. Provincial Consolidated Revenue Fund IX. MISCELLANEOUS PROVISIONS Part 1. GENERAL 127. Repealed 128. Oath of Allegiance, etc 129. Continuance of existing Laws, Courts, Officers, etc 130. Transfer of Officers to Canada 131. Appointment of new Officers 132. Treaty Obligations 133. Use of English and French Languages Part 2. ONTARIO AND QUEBEC 134. Appointment of Executive Officers for Ontario and Quebec 135. Powers, Duties, etc. of Executive Officers 136. Great Seals 137. Construction of temporary Acts 138. As to Errors in Names 139. As to issue of Proclamations before Union, to commence after Union 140. As to issue of Proclamations after Union 141. Penitentiary 142. Arbitration respecting Debts, etc 143. Division of Records 144. Constitution of Townships in Quebec X. INTERCOLONIAL RAILWAY 145. Repealed XI. ADMISSION OF OTHER COLONIES 146. Power to admit Newfoundland, etc., into the Union 147. As to Representation of Newfoundland and Prince Edward Island in Senate THE FIRST SCHEDULE. ELECTORAL DISTRICTS OF ONTARIO A. EXISTING ELECTORAL DIVISIONS Part 1. Counties Part 2. Ridings of Counties Part 3. Cities, Parts of Cities, and Towns B. NEW ELECTORAL DIVISIONS THE SECOND SCHEDULE. ELECTORAL DISTRICTS OF QUEBEC SPECIALLY FIXED THE THIRD SCHEDULE. PROVINCIAL PUBLIC WORKS AND PROPERTY TO BE THE PROPERTY OF CANADA THE FOURTH SCHEDULE. ASSETS TO BE THE PROPERTY OF ONTARIO AND QUEBEC CONJOINTLY THE FIFTH SCHEDULE Part 1. OATH OF ALLEGIANCE Part 2. DECLARATION OF QUALIFICATION THE SIXTH SCHEDULE. PRIMARY PRODUCTION FROM NON-RENEWABLE NATURAL RESOURCES AND FORESTRY RESOURCES CONSTITUTION ACT 1982 PART I. CANADIAN CHARTER OF RIGHTS AND FREEDOMS A. GUARANTEE OF RIGHTS AND FREEDOMS 1. Rights and freedoms in Canada B. FUNDAMENTAL FREEDOMS 2. Fundamental freedoms C. DEMOCRATIC RIGHTS 3. Democratic rights of citizens 1. Maximum duration of legislative bodies 2. Continuation in special circumstances 5. Annual sitting of legislative bodies D. MOBILITY RIGHTS 1. Mobility of citizens 2. Rights to move and gain livelihood 3. Limitation 4. Affirmative action programs E. LEGAL RIGHTS 7. Life, liberty and security of person 8. Search or seizure 9. Detention or imprisonment 10. Arrest or detention 11. Proceedings in criminal and penal matters 12. Treatment or punishment 13. Self-crimination 14. Interpreter F. EQUALITY RIGHTS 1. Equality before and under law and equal protection and benefit of law 2. Affirmative action programs G. OFFICIAL LANGUAGES OF CANADA 1. Official languages of Canada 2. Official languages of New Brunswick 3. Advancement of status and use 1. English and French linguistic communities in New Brunswick 2. Role of the legislature and government of New Brunswick 1. Proceedings of Parliament 2. Proceedings of New Brunswick legislature 1. Parliamentary statutes and records 2. New Brunswick statutes and records 1. Proceedings in courts established by Parliament 2. Proceedings in New Brunswick courts 1. Communications by public with federal institutions 2. Communications by public with New Brunswick institutions 21. Continuation of existing constitutional provisions 22. Rights and privileges preserved H. MINORITY LANGUAGE EDUCATIONAL RIGHTS 1. Language of instruction 2. Continuity of language instruction 3. Application where numbers warrant I. ENFORCEMENT 1. Enforcement of guaranteed rights and freedoms 2. Exclusion of evidence bringing administration of justice into disrepute J. GENERAL 25. Aboriginal rights and freedoms not affected by Charter 26. Other rights and freedoms not affected by Charter 27. Multicultural heritage 28. Rights guaranteed equally to both sexes 29. Rights respecting certain schools preserved 30. Application to territories and territorial authorities 31. Legislative powers not extended K. APPLICATION OF CHARTER 1. Application of Charter 2. Exception 1. Exception where express declaration 2. Operation of exception 3. Five year limitation 4. Re-enactment 5. Five year limitation L. CITATION 34. Citation PART II. RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA 1. Recognition of existing aboriginal and treaty rights 2. Definition of “aboriginal peoples of Canada 3. Land claims agreements 4. Aboriginal and treaty rights are guaranteed equally to both sexes 35.1. Commitment to participation in constitutional conference PART III. EQUALIZATION AND REGIONAL DISPARITIES 1. Commitment to promote equal opportunities 2. Commitment respecting public services PART IV. CONSTITUTIONAL CONFERENCE 37. Repealed PART IV.I. CONSTITUTIONAL CONFERENCES 37.1. Repealed PART V. PROCEDURE FOR AMENDING CONSTITUTION OF CANADA 1. General procedure for amending Constitution of Canada 2. Majority of members 3. Expression of dissent 4. Revocation of dissent 1. Restriction on proclamation 2. Idem 40. Compensation 41. Amendment by unanimous consent 1. Amendment by general procedure 2. Exception 43. Amendment of provisions relating to some but not all provinces 44. Amendments by Parliament 45. Amendments by provincial legislatures 1. Initiation of amendment procedures 2. Revocation of authorization 1. Amendments without Senate resolution 2. Computation of period 48. Advice to issue proclamation 49. Constitutional conference PART VI. AMENDMENT TO THE CONSTITUTION ACT, 1867 50. See Constitution Act, 1867, section 92A 51. See Constitution Act, 1867, Sixth Schedule PART VII. GENERAL 1. Primacy of Constitution of Canada 2. Constitution of Canada 3. Amendments to Constitution of Canada 1. Repeals and new names 2. Consequential amendments 54. Repeal and consequential amendments 54.1. Repealed 55. French version of Constitution of Canada 56. English and French versions of certain constitutional texts 57. English and French versions of this Act 58. Commencement 1. Commencement of paragraph 23(1)(a) in respect of Quebec 2. Authorization of Quebec 3. Repeal of this section 60. Short title and citations 61. References SCHEDULE TO THE CONSTITUTION ACT 1982. MODERNIZATION OF THE CONSTITUTION (Section 53 Item 1 Column I. Act Affected Column II. Amendment Column III. New Name Item 2 Column I. Act Affected Column II. Amendment Column III. New Name Item 3 Column I. Act Affected Column II. Amendment Column III. New Name Item 4 Column I. Act Affected Column II. Amendment Column III. New Name Item 5 Column I. Act Affected Column II. Amendment Column III. New Name Item 6 Column I. Act Affected Column II. Amendment Column III. New Name Item 7 Column I. Act Affected Column II. Amendment Column III. New Name Item 8 Column I. Act Affected Column II. Amendment Column III. New Name Item 9 Column I. Act Affected Column II. Amendment Column III. New Name Item 10 Column I. Act Affected Column II. Amendment Column III. New Name Item 11 Column I. Act Affected Column II. Amendment Column III. New Name Item 12 Column I. Act Affected Column II. Amendment Column III. New Name Item 13 Column I. Act Affected Column II. Amendment Column III. New Name Item 14 Column I. Act Affected Column II. Amendment Column III. New Name Item 15 Column I. Act Affected Column II. Amendment Column III. New Name Item 16 Column I. Act Affected Column II. Amendment Column III. New Name Item 17 Column I. Act Affected Column II. Amendment Column III. New Name Item 18 Column I. Act Affected Column II. Amendment Column III. New Name Item 19 Column I. Act Affected Column II. Amendment Column III. New Name Item 20 Column I. Act Affected Column II. Amendment Column III. New Name Item 21 Column I. Act Affected Column II. Amendment Column III. New Name Item 22 Column I. Act Affected Column II. Amendment Column III. New Name Item 23 Column I. Act Affected Column II. Amendment Column III. New Name Item 24 Column I. Act Affected Column II. Amendment Column III. New Name Item 25 Column I. Act Affected Column II. Amendment Column III. New Name Item 26 Column I. Act Affected Column II. Amendment Column III. New Name Item 27 Column I. Act Affected Column II. Amendment Column III. New Name Item 28 Column I. Act Affected Column II. Amendment Column III. New Name Item 29 Column I. Act Affected Column II. Amendment Column III. New Name Item 30 Column I. Act Affected Column II. Amendment Column III. New Name
The text of this amendment is set out in the Constitution Act, 1867, as section 92A. (As per footnote from ‘A Consolidation of the Constitution Acts 1867 to 1982, Department of Justice Canada, 2013’)
The text of this amendment is set out in the Constitution Act, 1867, as the Sixth Schedule. (As per footnote from ‘A Consolidation of the Constitution Acts 1867 to 1982, Department of Justice Canada, 2013’)
The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
The Constitution of Canada includes
the Canada Act 1982, including this Act;
the Acts and orders referred to in the schedule; and
any amendment to any Act or order referred to in paragraph (a) or (b).
Amendments to the Constitution of Canada shall be made only in accordance with the authority contained in the Constitution of Canada.
The enactments referred to in Column I of the schedule are hereby repealed or amended to the extent indicated in Column II thereof and, unless repealed, shall continue as law in Canada under the names set out in Column III thereof.
Every enactment, except the Canada Act 1982, that refers to an enactment referred to in the schedule by the name in Column I thereof is hereby amended by substituting for that name the corresponding name in Column III thereof, and any British North America Act not referred to in the schedule may be cited as the Constitution Act followed by the year and number, if any, of its enactment.
‘Part IV’ is repealed on the day that is one year after this Part comes into force and this section may be repealed and this Act renumbered, consequentially upon the repeal of Part IV and this section, by proclamation issued by the Governor General under the Great Seal of Canada.
A French version of the portions of the Constitution of Canada referred to in the schedule shall be prepared by the Minister of Justice of Canada as expeditiously as possible and, when any portion thereof sufficient to warrant action being taken has been so prepared, it shall be put forward for enactment by proclamation issued by the Governor General under the Great Seal of Canada pursuant to the procedure then applicable to an amendment of the same provisions of the Constitution of Canada.
Where any portion of the Constitution of Canada has been or is enacted in English and French or where a French version of any portion of the Constitution is enacted pursuant to section 55, the English and French versions of that portion of the Constitution are equally authoritative.
The English and French versions of this Act are equally authoritative.
Subject to section 59, this Act shall come into force on a day to be fixed by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.
Paragraph 23(1)(a) shall come into force in respect of Quebec on a day to be fixed by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.
A proclamation under subsection (1) shall be issued only where authorized by the legislative assembly or government of Quebec.
This section may be repealed on the day paragraph 23(1)(a) comes into force in respect of Quebec and this Act amended and renumbered, consequentially upon the repeal of this section, by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.
This Act may be cited as the Constitution Act, 1982, and the Constitution Acts 1867 to 1975 (No. 2) and this Act may be cited together as the Constitution Acts, 1867 to 1982.
A reference to the “Constitution Acts, 1867 to 1982” shall be deemed to include a reference to the “Constitution Amendment Proclamation, 1983”.
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